Rivers v. Weems

Wyatt, Justice.

It is contended that the judgment complained of is error for the reason that the plaintiff in error is entitled to recover under the provisions of Code § 105-1101, which reads as follows: “Any person who knowingly or carelessly sells to another unwholesome provisions of any kind, the defect being unknown to the purchaser, by the use of which damage results to the purchaser or his family, shall be liable in damages for such injury.” It will be noted that this Code section contains the langauge, “the defect being unknown to the purchaser.” In applying this rule of law, the Court…